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IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH
Prasad Jani – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. appellant's conviction details and proceedings. (Para 1 , 2 , 3) |
| 2. defense's argument of false implication and evidence doubts. (Para 4 , 6) |
| 3. prosecution refutes defense arguments; court examines evidence. (Para 7 , 8 , 9) |
| 4. prosecution's burden of proof regarding custody and tampering. (Para 10 , 11) |
| 5. appeal allowed; conviction and sentence set aside. (Para 12) |
JUDGMENT :
1. The Appellant, by filing this Appeal, has assailed the judgment of conviction and order of sentence dated 29th September, 2023, passed by the learned 3rd Additional Sessions Judge-cum-Special Judge, Berhampur in Case No.2(a)C.C.19/2022(N), arising out of P.R No.30/2022-23 dated 09.04.2022 of Inspector of Excise, E.I & E. B. Unit-II (S.D.), Berhampur.
2. The prosecution case, in short, is that on 09.04.2022 around 5 p.m., the Inspector of Excise attached to E.I. & E.B., Unit-2, S.D, Berhampur (P.W.4) received an information from reliable source regarding illegal transportation of Ganja at Pakudibandha Junction. He (P.W.4), having recorded the information, intimated the same to his superior authority i.e. Deputy Superintendent of Excise. On being directed, he (P.W.4) with his other staff procee
Conviction under the NDPS Act requires strict adherence to evidence handling procedures; failure to demonstrate continuous chain of custody invalidates prosecution efforts.
The burden of proof lies with the prosecution to establish the integrity of seized evidence; failure to prove the safe keeping of samples leads to doubts undermining the conviction under the N.D.P.S.....
The prosecution must prove the integrity and safe custody of samples in drug-related offences; failure to do so leads to reasonable doubt and potential acquittal.
The prosecution must establish a credible link between seized evidence and the accused, as any reasonable doubt warrants acquittal.
Mandatory compliance with statutory provisions under the NDPS Act is essential for lawful search and seizure; deviations may compromise evidential integrity and lead to wrongful convictions.
The prosecution must prove possession of contraband beyond a reasonable doubt, and non-compliance with procedural requirements can undermine evidence integrity.
The failure to comply with mandatory provisions of the NDPS Act, particularly regarding search, seizure, and custody, vitiates the prosecution's case leading to acquittal.
Conviction under NDPS Act overturned due to significant procedural lapses and discrepancies in evidence handling, resulting in reasonable doubt.
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